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This Week in the Legislature: Growth & Transportation

Bills that would close an affordable housing tax exemption loophole and save local governments $140 million in annual recurring revenue are moving through committees and heading to the floor in both chambers. HB 155 banning Internet Cafes was signed into law by the Governor. Transportation concurrency bills in the House and Senate passed final committees and are ready for the floor, and a bill eliminating requirements for universities to enter into campus development agreements with local governments or to pay impact fees (HB 7149) was heard in the House Appropriations Committee on a fast track and is awaiting calendaring for the House floor. FAC opposed the bill in committee hearing.

Bill forces counties that have an alternative to traditional transportation concurrency (i.e., Mobility Plan, Mobility Fees, Timing and Phasing), to allow developers to use the proportionate share funding process.

The effect of that process means that a county can never deny or delay approval of development project when it has failing roads and the developer agrees to make a partial payment for road improvements. Unless additional funds are available, adequate improvements may never be made.

As amended, HB 1726 prohibits local governments from applying transportation concurrency, transportation concurrency impact fees, and transportation proportionate share for three years, beginning July 1, 2013. The prohibition only applies to non-residential development of 6,000 SF and below. A county may, however, apply any of the measures by simply majority vote.

Status:

SB 321 to be heard in Economic Affairs next, which is its last committee stop. The Revenue Estimating Conference will evaluate HB 1716 on Friday, April 12.

Summary: The bill eliminates the requirement that universities enter into campus development agreements with local governments. The campus master plan would be required to identify the level-of-service standard established by the local government and the entity that would provide the service to the campus. Universities could begin constructing a campus development without having to pay the impact costs.

Status: Referred to House calendar 4/5/13. No Senate companion as yet.

Creates a coordinated state development and permit approval process for manufacturers that are developing or expanding within the jurisdiction of a local government that has a local manufacturing development program. DEO is directed to establish, facilitate, and oversee the process with the cooperation of any involved state agencies.

Status: HB 357 is on second reading; SB 582 in third of four committees.

Bill does not address funding issues for the State/Local SHIP programs, which will be addressed in during the budgeting process. (Worth noting that the Governor has budgeted $50 million for SHIP.)

Closes loophole created in 2011 that allows for-profit affordable housing developers to transfer ownership to a non-profit entity for the purpose of receiving an exemption from ad valorem taxes.

HB 237 is identical to 6SB 928, except it does not include tax loophole fix.

Status:HB 437 was amended to include the tax loophole fix in week six and is now ready for the floor. House and Senate bills are now nearly identical. SB 928 passed Senate F&T in week 4 and now heads to Appropriations. Revenue Estimating reported that closing the loophole will save local governments $117 million in FY 13/14 and over $140 million by FY 17/18

Status:HB 921 passed the Tourism and Economic Development Committee in week two and Finance and Tax in week three. HB 921 is on second reading.SB 740 passed Community Affairs week two. Note that, in addition to the stand alone bills, both House and Senate Finance & Tax committees have draft language that includes the loophole language. Those bills are: SB 7130, which is ready for Senate Floor and HB 7159, which is in State Affairs – its only committee stop.

PCB filed by House Appropriations Committee relating to the National Mortgage Settlement with Bank of America and others.

State to receive $334 million; Attorney General and Legislative Budget Committee have already designated the distribution of $134 million.

This PCB addresses the remaining $200 million.

General breakdown:

$50 million to SAIL (affordable apartments)

$45 million for down payment assistance (but no SHIP)

$35 million Habitat for Humanity

$20 million DCF emergency shelters

$15 million Florida Prepaid Dorm Contracts

$13 million state courts – foreclosures

$6.7 million clerk of courts

$5.0 million legal aid

$3.0 million FHFC admin.

State and Local SHIP have not been funded in recent years and the trust funds were swept. Based on House allocations, $182 million is being swept, indicating that while some down payment assistance is being provided in the PCB, it is not to the local SHIP.

Senate bill workshopped in week four with their version allocating monies as follows:

$70 million for the State Housing Initiatives Partnership (SHIP) program;

$65 million for the State Apartment Incentive Loan Program (SAIL);

$10 million for housing for homeless persons;

$40 million for the State Courts System for the foreclosure cases backlog;

$10 million for legal aid services for low and moderate-income homeowners facing

foreclosure;

$2 million for a consumer awareness promotional campaign; and

$3 million for administrative costs.

Status:PCBs introduced. House and Senate addressing differently in budget process.

Budget Note: House has swept $184 million from state and local housing trust fund (SHIP and SAIL), while Senate has swept $200 million.

Bill was significantly amended in committee and essentially restores what current law provides, save for codifying yellow light standards based on nationally accepted standards. The REC is taking up the bill on Friday, April 12.

Clarifies current law regarding charitable drawings, game promotions, and amusement machines; bans Internet cafes that don’t meet criteria provided in the bill.

Status: HB 155 passed the full House on 3/22 and SB 1030 was passed by the Senate Select Committee on gaming and heads to its final committee (Rules) on 4/2. SB 1030 passed its final committee in Week 5. HB 155 passed the Senate on April 4 and was signed into law by the Governor on April 10.